Full text: Responsible government in the Dominions (Vol. 1)

$48 PARLIAMENTS OF THE DOMINIONS [PART III 
came before the Privy Council in 1908, the question was the 
legality of a decision of the Legislative Assembly to suspend 
Mr. Crick from the House of Assembly while certain inquiries 
were proceeding in the Courts as to his conduct as Minister 
of Lands. It was argued against the validity of the action 
taken that the power to protect their proceedings could not 
require that a. member should be removed from the House. 
But the circumstances turned out to be very peculiar : 
a committee had brought in a report and would have con- 
sidered it, but were prevented from doing so by the legal 
proceedings which were impending, and the Privy Council 
held that under the circumstances the expulsion of Mr. Crick 
from the House was perfectly legitimate under the special 
standing order made for the occasion. 
On the other hand, when legislation has taken place, there 
can be no doubt of the powers of the Parliament. This 
legislation is not only possible under the general legislative 
power of the Colonies, but is often expressly conferred in 
the Constitution Acts, where it is normally given as a power 
to confer by legislation on the two Houses of the Parliament, 
and on the members of those Houses, powers equal to or less 
than those of the Lower House of the Imperial Parliament : 
this is the case, for example, in the constitutions of Victoria! 
of Western Australia,? of South Australia ® and of Natal? 
There may be added the fact that in all these cases the powers 
could be increased by an alteration of the constitution 
carried out in the form prescribed for such alterations, but 
as the constitution stands, in no case could simple legislation 
alter the powers conferred by the Acts which establish the 
sonstitutions. In the case of the Commonwealth of Australia’ 
' 18 & 19 Vict. ec. 55, sched. s. 35 ; the law was laid down in Act 20 Viet. 
No. 1; see now Act No. 1075, s. 10. 
' 53 & 54 Vict. c. 26, sched. s. 36, exercised by 54 Vict. No. 4. This applics 
to the powers of the Imperial Parliament from time to time, not merely as 
in the case of Victoria and South Australia to the powers of that Parliament 
when the constitution was granted. 
' Act No. 2 of 1855-6, 5. 35. Sec Acts No. 14 of 1872 and No. 430 (1888). 
* Act No. 14 of 1893, 8. 42 (exercised by Act No. 27 of 1895), which 
veeords with the Western Australia model. 
5 63 & 64 Vict. ¢. 12, Const. s. 49.
	        
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